C.K. -v- DPP [2007] IESC 5 (31 January 2007)

C.K. -v- DPP [2007] IESC 5 (31 January 2007)

The applicant failed to discharge the evidential burden of showing, on the balance of probabilities, that the delay resulted in a real risk of an unfair trial. The alleged missing evidence was either not shown to be relevant or could be addressed at trial. The degree of prejudice did not warrant prohibition of the trial.

Citation
[2007] IESC 5
Parties
Applicant/appellant: C. K.; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
31 January 2007
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Sexual Offences, Right to Fair Trial, Judicial Review, Prejudice Due to Delay
Criminal Law Constitutional Law Delay in Prosecution Sexual Offences Right to Fair Trial Judicial Review Prejudice Due to Delay

Case Brief

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Parties

C. K.

Applicant/appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the delay in prosecution of alleged sexual offences prejudiced the applicant's right to a fair trial to the extent that the trial should be prohibited.

Ratio Decidendi

The applicant failed to discharge the evidential burden of showing, on the balance of probabilities, that the delay resulted in a real risk of an unfair trial. The alleged missing evidence was either not shown to be relevant or could be addressed at trial. The degree of prejudice did not warrant prohibition of the trial.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order refusing prohibition of trial affirmed.